In victory for Trump, Supreme Court dismisses travel ban case

12/10/2017

The U.S. Supreme Court on Tuesday threw out an appeals court ruling that struck down President Donald Trump's previous temporary travel ban targeting several Muslim-majority nations countries that has now expired.

In a brief order, the court said the original executive order's 90-day pause on admissions from six majority-Muslim countries had expired, so the 4th Circuit Case no longer presents a live controversy. The refugee restrictions are set to expire on October 24, and the case is also likely to be dismissed as moot when that happens, according to the press coverage.

Meanwhile Hawaii, the plaintiff in the case that's still alive before the justices, filed an updated complaint in federal district court challenging the revised policy.

The justices had combined the two cases and set them for argument that was to have taken place Tuesday.

The Hawaii case also challenged a provision of the order that suspended the admission of refugees into the United States for 120 days.

The high court's new order vacated a caustic ruling that the 4th U.S. Circuit Court of Appeals issued in May in which the court's chief judge declared that Trump's ban "drips with religious intolerance, animus and discrimination".

One judge has already scheduled a hearing for Monday on a request to block Trump's new order before it kicks in next week.

The court dismissed it as a moot case from Maryland. Justice Sonia Sotomayor was the only justice to note her disagreement with this outcome; she would have dismissed the case as improvidently granted. The new version will follow a three month review of immigration process.

Lower courts have since interpreted this language to, among other things, prevent Trump from banning the grandmothers, uncles, brothers, and other close relatives of people within the United States from entering the country, and the Supreme Court has largely acquiesced in these decisions.

The administration told the justices last week that the new ban is "based on detailed findings regarding the national security interests of the United States that were reached after a thorough, worldwide review and extensive consultation". Sudan was removed from the list, but Chad, North Korea and Venezuela were added.

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